(a) The board may upon its own motion based upon credible
information, and shall, upon the written complaint of any person,
cause an investigation to be made to determine whether grounds
exist for disciplinary action under this article or the legislative
rules of the board.

(b) Upon initiation or receipt of the complaint, the board
shall provide a copy of the complaint to the licensee or
registrant.

(c) After reviewing any information obtained through an
investigation, the board shall determine if probable cause exists
that the licensee or registrant has violated any provision of this
article.

(d) Upon a finding that probable cause exists that the
licensee or registrant has violated any provision of this article
or rules promulgated pursuant to this article, the board may enter
into a consent decree or hold a hearing for the suspension or
revocation of the license or registration or the imposition of
sanctions against the licensee or registrant.

(e) Any member of the board may issue subpoenas and subpoenas
duces tecum to obtain testimony and documents to aid in the
investigation of allegations against any person regulated by the
article.

(f) Any member of the board may sign a consent decree or other legal document on behalf of the board.

(g) The board may, after notice and opportunity for hearing,
deny or refuse to renew, suspend or revoke the license or
registration of, impose probationary conditions upon or take
disciplinary action against, any licensee or registrant for any of
the following reasons once a violation has been proven by a
preponderance of the evidence:

(1) Obtaining a license or registration by fraud,
misrepresentation or concealment of material facts;

(2) Being convicted of a felony or misdemeanor crime of moral
turpitude;

(3) Being guilty of unprofessional conduct as defined by
legislative rule of the board;

(4) Violating provisions of this article, rule or a lawful
order of the board;

(5) Providing substandard care due to a deliberate or
negligent act or failure to act regardless of whether actual injury
to a patient or client is established;

(6) As an assistant, exceeding the authority to perform
components of service selected and delegated by the supervising
speech-language pathologist or audiologist regardless of whether
actual injury to a patient is established;

(7) Knowingly delegating responsibilities to an individual who
does not have the knowledge, skills or abilities to perform those
responsibilities;

(8) As a licensee, failing to provide appropriate supervision
to a speech-language pathology assistant or audiology assistant in
accordance with this article and legislative rules of the board;

(9) Practicing when competent services to recipients may not
be provided due to physical or mental impairment;

(10) Having had a speech-language pathologist or audiologist
license or assistant registration revoked or suspended, other
disciplinary action taken, or an application for licensure or
registration refused, revoked or suspended by the proper
authorities of another jurisdiction;

(11) Engaging in sexual misconduct which includes:

(A) Initiating or soliciting sexual relationships, whether
consensual or nonconsensual, while a professional relationship
exists between the licensee or registrant and a patient or client;
or

(B) Making sexual advances, requesting sexual favors or
engaging in physical contact of a sexual nature with a patient or
client;

(12) Aiding or abetting a person who is not licensed or
registered in this state and who directly or indirectly performs
activities requiring a license or registration;

(13) Abandoning or neglecting a patient or client in need of
immediate professional care without making reasonable arrangements
for the continuation of care; or

(14) Engaging in any act which has endangered or is likely to endanger the health, welfare or safety of the public.

(h) Disciplinary action may include:

(1) Reprimand;

(2) Probation;

(3) Administrative fine, not to exceed $1,000 per day per
violation;

(4) Mandatory attendance at continuing education seminars or
other training;

(5) Practicing under supervision or other restriction;

(6) Requiring the licensee or registrant to report to the
board for periodic interviews for a specified period of time;

(7) Denial, suspension, revocation or nonrenewal of license or
registration; or

(8) Other disciplinary action considered by the board to be
necessary to protect the public, including advising other parties
whose legitimate interests may be at risk.

Note: WV Code updated with legislation passed through the 2014 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.